BriefCal. Super. - 6th Dist.April 1, 2021CHRISTOPHER D. DENNY (State Bar No. 175338) 1 LAW OFFICES OF CHRISTOPHER D DENNY 605 MARKET STREET, SUITE 505 2 SAN FRANCISCO CA 94105 TELEPHONE: (415) 531-8189 CHRIS@CDDENNYLAW.COM 4 Attorneys for plaintiff Evershine I L.P. 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF SANTA CLARA 10 Evershine I L.P., Plaintiff, Case No. 21CV381455 PLAINTIFF EVERSHINE I L.P.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT Hoa Bui an individual dba Lundy Dry Cleaners, and DOES 1-10, inclusive, 12 Defendants. 13 14 15 INTRODUCTION 17 Hoa Bui, an individual dba Lundy Dry Cleaners, had been a tenant in plaintiffs building 18 commonly known as Pacific Rim Plaza I located at 1628 Hostetter Road, Unit A, San Jose, CA 18 95131, pursuant to an assignment of lease dated July 2, 2011 (the "Premises"). The lease 20 amendment specifically states that all terms and conditions of the lease shall remain in full force 21 and effect. The lease required defendant to pay plaintiff monthly rent in a timely fashion. It 22 further included that defendant would incur late fees if it did not pay rent, and that defendant's 23 security deposit could be applied to any unpaid rent, among other things. The term of the lease and 24 assignment ended on March 31, 2020. However, from April I, 2020 through approximately 25 September 10, 2020, defendant remained in possession of the Premises on a month to basis. 26 Unfortunately, defendant stopped paying rent during this time frame and eventually vacated the 27 premises. 28 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/26/2021 5:00 PM Reviewed By: A. Villanueva Case #21CV381455 Envelope: 7542714 21CV381455 Santa Clara - Civil A. Villanueva ARGUMENT A. DEFENDANT BREACHED THE LEASE AGREEMENT WITH PLAINTIFF. Failure to pay rent is a material breach of the lease. [See Bisno v. Douelas Emmett Realtv Fund 1988 (2009) 174 Cal.App.4th 1534, 1541J. Defendant failed to pay rent from April through September 2020. The monthly base rent was $3,335.90. By failing to pay rent, defendant breached the written lease agreement and assignment. After deducting the security deposit that plaintiff can withhold for failure to pay rent and adding other charges, defendant owes plaintiff the sum of $9,319.26. [See Exhibit A to the Okubo declaration filed concurrently herewith]. to B PLAINTIFFF IS ENTITLED TO RECOUP ITS FEES AND COSTS IN THIS MATTER Paragraphs 16.1 and 16.2 of the lease states that the prevailing party shall be entitled to its fees in connection with an action such as this one. Plaintiff has incurred fees totaling $3,000 in connection this lawsuit. Plaintiff is entitled to recoup those fees and they should be added to the 14 total judgment along with its costs of the lawsuit. [See the Denny declaration filed concurrently herewith]. 16 18 JUDGMENT Plaintiff requests that the Court award it judgment against defendant in the amount of $9,329.26, plus fees of $3,000 and costs totaling $622.32, for a total judgment of $ 12, 941.58. 21 Dated: October 21, 2021 22 LAW OFFICES OF CHRISTOPHER D. DENNY ~pi 23 Christopher D. Denny, Plaintiff Evershine I L. for 25 27 28
